08/1927 - Decision Notice & Approved Plans - Noosa Iconic Panel [As Published] · 132008.1927

 

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” 4.1.28, (1) AN’ submitter. for

 

 

 

Attachment to Decision Notice

 

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Appeal Rights

INTEGRATED PLANNING ACT 1997 & 1998 REGULATION

 

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The following is an extract from the Integrated
Planning Act (Chapter 4).

Division 8 - Appeals to court relating to
development applications
Appeals by applicants

4.1.27.1) An applicant for a development
application may appeal to the court against any of

 

. the following- .

(a) the refusal; or the refusal in part, of a
development application;

(b) a matter stated in a development approval,
including any condition applying to the
development, and the identification of a code
under section 3.1.6;'

-(c) the decision to give a preliminary approval
’ -when a development permit was applied for;

*(d) the-length of a’ Televant. period; ..%:
(e)a deemed refusal.

(2) An ‘appeal under subsection (1y(ay’ to (d)
Must be ‘started within 20 business days (the
“applicant’s appeal period”) after the day the
decision notice: or negotiated decision notice is
given to the applicant.

(3) An appeal under subsection (1)(e) may be
started at’ any time after the last day a decision on
, the matter should have been made.

Appeais by submitters

" a’? development

application may appeal to the court about-

(a) the giving of a development approval,
including any conditions (or lack of conditions)
or other provisions of the approval; or

(b) the length - of a relevant period for the
approval: e

{2) The appeal must be’ started within 20
business days (the “submitters appeal period”)
after the day the decision notice or negotiated
decision notice is given to the submitter.

(3) If a person withdraws a submission before
the application is decided, the person may not
appeal the decision.

' (4) .1f an application involves both impact
assessment and code assessment, appeal rights
for submitters are available only’ for the part of the

application i involving impact assessment.

“(yt if” an an application” is “procésséd" ‘under
section 6.1.28(2), appeal rights for submitters for
the application are available only for the aspects
of the development that would have required
public notification under the repeated Act.

’ Section 3.1.6 (Preliminary approval may override
local planning instrument)

 

=. ai given (no co-respondents)

 

 

(6) if an ‘application involves assessment
against a concurrence agency code, appeal rights
for submitters for the application are not available
against the part of the approval! that represents
the concurrence agency's response for the code.
Appeals by advice agency submitters
4.1.29.(1) An advice agency may, within the limits
of its jurisdiction, appeal to the court about the
giving of a‘ development approval for a
development ‘application if-

(a) the. development application: involves impact
assessment; and

(b) the advice agency told the applicant and the
assessment manager to treat its response to
the application as a submission for an appeal.

{2) The appeal must be started within 20
business days after the day the decision notice or
“negotiated decision notice is given to the..advice
agency as a submitter.

’ Appeals” for matters’ arising’ ‘after approval

given (co-respondents)

4.1.30.(1) For a development approval given for a
development application, a person to whom any of
the following notices have been given may appeal
to the court against the decision in the notice-

(a) a notice giving a decision on a request for
extension of the relevant period for an
approval;

(b) a notice giving a decision on a request to
« make a minor change to an approval. ,

* (2) The’ ‘appeal must be started within 20
business days after the day the notice of the
decision is given to the person.

(3) Subsection (1)(a) does not apply if the
approval resulted from a development application
{superseded planning scheme) that was assessed
as if it were’ an application, under a superseded
planning scheme.

(4) Also, a person who has made a request
mentioned in subsection (1) may appeal to the
court against a deemed refusal of the request.

{5} An appeal under subsection (4) may be
started at any time after the last day the decision
on the matter should have been made.

Division 9 - Appeals to court about other
matters

Appeals for matters arising after approval

4.1.31.(1) A person to whom any of the following |
notices have been given may appeal! to the court
against the decision in the notice-

(a) a notice giving a decision on a request to
change. or cancel a condition of a development
approval.

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